Assault and Battery with a Dangerous Weapon, CASE DISMISSED

November 12th 2008
Assault and Battery with a Dangerous Weapon
Client was accused of throwing an I-Pod device at his wife causing bruising to her arm and a welt on her face. After wife was transported to the hospital via ambulance, the police became involved and arrested husband for two counts of Assault and Battery with a Dangerous Weapon. Attorney Barabino sought an evidence motion called a "marriage waiver" which would exclude any testimony of the alleged victim. As a result, the judge dismissed the case since no case could be proven without her testimony.
RESULT: CASE DISMISSED